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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is there such a thing as arbitrary divorce in Islam?

Machine translationRead the Arabic original
The questioner : Regarding arbitrary divorce, O our Shaykh, does it exist in Islam, and what is its status?

The Shaykh: What is it?

The questioner : The arbitrary divorce that Jordan claims is from Abu Hanifah.

The Shaykh : Arbitrary divorce.

The questioner : Yes.

The Shaykh : What is the matter with it?

The questioner : I mean, for example, I had a divorce, and the court ordered me to pay one year of maintenance and also half a year for the arbitrary part.

The Shaykh : I understand, so what do they mean by that?

The questioner : Does it exist in Islam, or not?

The Shaykh : No, it does not exist...

The questioner : Why do they claim that this is from Abu Hanifah?

The Shaykh : These are opinions, my brother, which may be correct or may not be. The important thing is to return in everything to the Sunnah. This arbitrary divorce is a system; the motive behind it is to advocate for the woman without adhering to the rulings of the Shari'ah. Then, this arbitrary divorce cannot be ruled by anyone other than the husband, who is, as he (peace and blessings be upon him) said:
Divorce belongs to the one who takes hold of the calf (i.e., her husband). الطلاق لِمَن أخذ بالساق
Sunan Ibn Majah 2081Da'if (Darussalam)
or in the other wording, which is the correct one:
Divorce belongs to the one who takes hold of the calf (i.e., her husband). إنما الطلاق لِمَن أخذ بالساق
Sunan Ibn Majah 2081Da'if (Darussalam)
. The husband may divorce his wife for a reason that is valid for him, but for the one who does not take by the leg, it is a foolish reason. Therefore, this which is called arbitrary divorce has no basis whatsoever in Islam. But there is no doubt that divorce without a valid cause is undoubtedly disliked. A man may divorce his wife because of a defect in the woman that the man himself, let alone women, cannot be free from or free from something like it. So, the husband proceeding with such a divorce is disliked for him, but nothing follows from it; because this is between him and his Lord.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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